THE STATE OF SOUTH CAROLINA - DOC by TPkCoFB

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									BIL:     389
RTN:     363
ACN:     333
TYP:     General Bill GB
INB:     Senate
IND:     19990121
PSP:     Martin
SPO:     Martin
DDN:     l:\s-res\lam\007exem.whb.doc
DPB:     20000526
LAD:     20000406
GOV:     S
DGA:     20000606
SUB:     Court ordered levies or execution of judgments, disability benefits of
         debtor not applicable to exemption, Torts


HST:

Body     Date       Action Description                        Com     Leg Involved
______   ________   _______________________________________   _______ ____________
------   20000628   Act No. A333
------   20000606   Signed by Governor
------   20000531   Ratified R363
House    20000526   Read third time, enrolled for
                    ratification
House    20000525   Read second time, unanimous consent
                    for third reading on the next
                    Legislative day
House    20000524   Committee report: Favorable               25 HJ
House    20000412   Introduced, read first time,              25 HJ
                    referred to Committee
Senate   20000411   Read third time, sent to House
Senate   20000406   Amended, read second time
Senate   20000405   Committee report: Favorable with          11 SJ
                    amendment
Senate   19990121   Introduced, read first time,              11 SJ
                    referred to Committee



Versions of This Bill


Revised on 20000405
Revised on 20000406
Revised on 20000524
TXT:
(A333, R363, S389)

AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL
AND PERSONAL PROPERTY OF A DEBTOR THAT IS
EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER
ANY MESNE OR FINAL PROCESS ISSUED BY ANY COURT
OR BANKRUPTCY PROCEEDING, SO AS TO PROVIDE
THAT THIS PROVISION DOES NOT APPLY TO CERTAIN
DISABILITY BENEFITS SUBJECT TO CERTAIN COURT
ORDERED LEVIES OR EXECUTION OF JUDGMENTS; BY
ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE
EXEMPTION FOR DISABILITY BENEFITS OF A DEBTOR
FROM ATTACHMENT, LEVY, AND SALE UNDER ANY
MESNE OR FINAL PROCESS ISSUED BY ANY COURT OR
BANKRUPTCY PROCEEDING DOES NOT APPLY TO
CERTAIN COURT ORDERED LEVIES OR EXECUTION OF
JUDGMENTS; AND TO PROVIDE THAT THE PROVISIONS
CONTAINED IN SECTION 15-41-33 APPLY TO DISABILITY
PAYMENTS RECEIVED PROSPECTIVELY.

Be it enacted by the General Assembly of the State of South Carolina:

Disability benefit exemption

SECTION 1. Section 15-41-30(10)(C) of the 1976 Code is amended to
read:

  “(C) a disability benefit, except as provided in Section 15-41-33, or
an illness or unemployment benefit;”

Disability benefit exemption limitation

SECTION 2. Chapter 41, Title 15 of the 1976 Code is amended by
adding:

  “Section 15-41-33. The exemption for a disability benefit provided
in Section 15-41-30(10)(C) does not apply with regard to a levy or
execution of a judgment authorized by Section 17-25-323 or Section
17-25-325.”
Prospective application of exemption limitation

SECTION 3. Section 2 applies with respect to a disability payment
received on or after the effective date of this act.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2000.

Approved the 6th day of June, 2000.

                             __________




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